I have been in talks with a provider about building and maintaining a new personal website for her. I spoke with a friend of mine about the subject, and she is concerned that I could be at legal risk if I were to take on the job. She used the term "pandering" to be specific. It just has me a bit confused, and I was hoping that some of the legal experts here may be of some assistance.
Thanks.Yes if you receive money for promoting prostitution in most states it is a felony with potentially many years in prison.
In some states, this crime is expanded to include the sale or distribution of textual or visual material openly advertised to appeal to the recipient's sexual interest.
The issue was discussed in the Craigslist situation where they took down the adult ads in fear of criminal charges. Their defense was they had no active participation in what was said in posts and would therefore argue they had no part of the solicitation. But a web person who designs an ad for a "prostitute" would seem easily to be a panderer (also known as pimp). Further if the money was deposed in a bank etc., its probably felony money laundering.
Now, if your client only offers something legal, like companionship with no prostitution terms like GFE or other sexual terms and there is never any mention of money for any sex act - just an hourly rate - there is probably no pandering nor prostitution.
You might still get arrested but if you pay $10K-$25k in legal fees you probably could defend against it and maybe get the prosecutor to dismiss. But if goes to trial fees legal fees could be much higher - like $100k+. If you can not afford the legal fees you would be entitled to a public defender.
However probably 99% of ads and websites are easy busts for both solicitation of the gal and pandering for the creator. In Phoenix escorts are busted for solicitation solely from their ads but may not be as aggressive in other cities.
Rarely if ever, have small web site creators been charged. This may change with the huge funding to stamp out consenting adult sexwork under the "trafficking" sham which includes consenting adults. This and the "rescue industry" is getting $millions in funding nationwide.
escorts.com owner convicted because they took money which was determined as a prostitution racketeering illegal enterprise. Eventually pled down to felony money laundering. Sentenced to 18 months probation and about $6.5 million in fines and criminal forfeiture of cash found in accounts money from escorts.com was deposited into or transferred from often using the rare underage prostitute as the emotional plea.
It is unlikely depending on how aggressive your state and local LE is that they would go after a small website maker. However, if its for prostitution its a serious crime (uniquely in the U.S. vs no big deal in almost all the rest of the world).
If anyone goes to the prostitute from another state, the FBI has jurisdiction but most likely it would be a pandering or money laundering state felony depending on your state.
If the provider is advertising for escort services on the website, it is legal on your part. Once they list a price for sexual services, then it becomes a crime. The Communication Decency Act protect you to the point where you don't list sexual services.
If the escort sell sexual services at the appointment, the criminal liability is NOT on you.
That is not true with an agency when they uses a disclaimer that suggest sex acts and sexy photos to suggest sex for pay.
HELMS v. STATE OF FLORIDA
If the escort agency advertises for accommodate someone to social events or private dates and the provider sell sex without the agency’s knowledge, then it may not be a crime on the agency part. It depends on how it is advertise. If they are an real escort agency, they will be offering escorts for social events.
There is a fine line but it may be possible for the escort to list their sexual preferences. They can say they have a preference for BBBJ, bisexual, etc. but cannot list a price and still be legal.
Under the Communication Decency Act, you are not liable for what the provider do. As long there is no listing of price or offer for sexual services, then it is not illegal.
1.Make sure the provide doesn't say something like I offer GFE, BBBJ, or other sex acts to their clients.
2. Make sure there is no quoting of prices like 200 roses for BBBJ. Or donation for BBBJ.
3. it is boarder line legal for them to say they have a preference for acts like BBBJ.
If you design the website and not web master it, almost totally liability on the provider.
If you are planning to webmaster, then be careful. The only thing the provider can list is companionship. Nude photos and sexy photos is not enough to get you in trouble because there is no explicit offers for sex for pay. Let TER and other review sites do the advertisement. Don't let your provider advertise such services on the web